Meeting with criminal suspects and defendants is an important task for lawyers to provide legal help and defense for criminal suspects and defendants, and it is also an important content for lawyers to participate in criminal proceedings and exercise their right to defense. Lawyers' associations are based on different departmental laws and regulations, and their meanings are different. The criminal procedure law stipulates that the purpose of lawyer meeting is to protect the litigation rights of criminal suspects and defendants, which embodies a legal system. The Lawyers Law stipulates that lawyers' meeting is a right, and emphasizes lawyers' right to meet criminal suspects and defendants according to law.
: The lawyer meeting of the detention center shall be conducted according to the following procedures:
1, letter of introduction from law firm
It is required to use the new criminal format file VII, and never take the old format file VIII, otherwise you will refuse to meet.
2. Original power of attorney (new criminal format document I)
The power of attorney entrusted by family members was used for the first time and the power of attorney of the suspect himself was used for the second time. The power of attorney requires the customer's signature and fingerprint. The detention center will receive the original power of attorney twice before, and generally only read the original power of attorney when examining and approving the third time, and will not accept it unless the entrusted litigation stage is changed or defenders are added.
3, the client's kinship certificate
You only need proof of kinship when you meet for the first time. If the kinship certificate is a stamp certificate issued by the police station, the original is required. If the proof of kinship is based on the household registration book or marriage certificate, only a copy is needed, and it is not necessary to bring the original household registration book and marriage certificate.
4. A copy of the ID card of the client (near relative).
A copy of the ID card needs to be copied on a piece of A4 paper, and the ID card is still valid. Generally, the relationship with the suspect should be indicated by hand on the power of attorney.
Wear a mask and disposable gloves when meeting.
Legal basis: Article 39 of the Criminal Procedure Law stipulates that defense lawyers can meet and correspond with criminal suspects and defendants in custody. Other defenders, with the permission of the people's courts and people's procuratorates, may also meet and correspond with criminal suspects and defendants in custody. If a defense lawyer holds a lawyer's practice certificate, a law firm's certificate, a power of attorney or a letter of legal aid to ask for a meeting with the criminal suspect or defendant in custody, the detention center shall arrange the meeting in time, which shall not exceed 48 hours at the latest.